News

More companies join opposition to ‘App Store’ trademark

By Charles Starrett ● Friday, May 13, 2011

Microsoft and Nokia have joined the opposition to Apple’s “App Store” trademark claim in Europe. Macworld UK reports that both Sony Ericsson and HTC have joined the effort to block the trademark claim, which the companies claim is too generic, and should be available for any company to use for stores that sell applications. “Both terms lack distinctiveness and so the registrations should not have been granted,” said a Nokia spokeswoman. According to the report, the move to block Apple’s trademarks in Europe was started by Amazon last month; Microsoft is also trying to block Apple’s “App Store” trademark request in the U.S., while Apple has filed suit against Amazon in the U.S. over its use of the term.

Comments

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Good for Microsoft.
I just hope they don’t have an issue with Apple when they use “To the cloud” in their new services commercials…
</sarcasm>
What nerve.

Posted by sb on May 14, 2011 at 3:37 PM (CDT)

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In related news, Apple is now suing Sony music for infringing on their copyrights, by selling music, and suing Miramax for distributing movies.

Posted by Jeff on May 15, 2011 at 9:57 AM (CDT)

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Lack distinctiveness? Oh, you mean like the term Windows?

Posted by Apple Dog on May 15, 2011 at 10:52 PM (CDT)

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“Windows” for an OS is 100% distinctive, the word is not synonymous with an operating system now, nor was it ever. Microsoft cannot go after Andersen Windows any more than Andersen Windows can go after them. Using it as an alleged example of the hypocrisy just makes you look like a douche.

“App” on the other hand, as I’ve pointed out repeatedly, was in us since the 1980s as a shortened form of the word “application” for a computing device. It is completely generic for what Apple and everyone else has been using it for, its use in “App Store” has no novelty, and is no more distinctive, original, or trade-markable than “Shoe Store” would be for Payless or Kinney Shoe.

This isn’t about being against or for Apple or Microsoft, and people should stop letting the companies involved cloud their thinking. Simply, it’s about common sense. Apple tried to be cheeky and stop others from using the very word that had come into common use for mobile computing applications as their store name (numerous stores launched around the same time used “app” in their title - one even used “app store” as part of its title). What Apple tried to do was an improper use of the trademark system and Apple is almost certainly going to lose this one.